HBA-NMO H.B. 714 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 714
By: Naishtat
Public Health
7/28/1999
Enrolled




BACKGROUND AND PURPOSE

State law requires that newborns be blood-screened for a variety of
conditions.  However, prior to the 76the Legislature, the law did not
require the screening of newborns for congenital loss of hearing.  Lack of
early detection of hearing loss may have social and financial impacts on
individuals, families, and this state.  H.B. 714 requires that a screening
test for hearing loss be administered to newborn children, and establishes
a newborn hearing, tracking, and screening program.  This bill also
requires a state medical assistance program or a private health benefit
plan to provide coverage for the screening test, as appropriate.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 47.004, Health and Safety Code); the Texas Department of Health in
SECTION 1 (Section 47.008, Health and Safety Code); the Health and Human
Services Commission or an agency operating part of the medical assistance
program, as appropriate, in SECTION 3 (Section 32.024, Human Resources
Code); and the commissioner of insurance in SECTION 4 (Sections 4 and 7,
Article 21.53F, Insurance Code, as added by Chapter 683, Acts of the 75th
Legislature, Regular Session, 1997), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 2, Health and Safety Code, by adding
Chapter 47, as follows: 

CHAPTER 47.  HEARING LOSS IN NEWBORNS

Sec. 47.001.  DEFINITIONS.  Defines "birth admission," "birthing facility,"
"health care provider," and  "hearing loss."  Defines "infant" as a child
who is at least 30 days but who is younger than 24 months old.  Defines
"intervention follow-up care." Defines "newborn" as a child younger than 30
days old.  Defines "parent," "physician," and "program." 

Sec. 47.002.  APPLICABILITY OF CHAPTER.  Provides that this chapter does
not apply to a facility operated by a midwife as defined by Section 1,
Article 4512i, V.T.C.S. (Texas Midwifery Act). 

Sec. 47.003.  NEWBORN  HEARING SCREENING, TRACKING, AND INTERVENTION
PROGRAM.  Requires a birthing facility, through a program certified by the
Texas Department of Health (TDH) under Section 47.004, to offer the parents
of a newborn a hearing loss screening for the newborn.  Requires that the
screening by offered during birth admission, and requires that parents be
informed that information may be provided to TDH upon their written
consent.  Requires TDH or its designee to approve program protocols.
Authorizes TDH to maintain data and information on each newborn who
receives services under a program.  Requires TDH to ensure that
intervention is available to families for a newborn identified as having
hearing loss and that the intervention is managed by state programs
operating under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.).  Requires TDH to ensure that the intervention
described by Subsection (d) is available for a newborn identified as having
hearing loss through the time the child is an  infant. 

Sec. 47.004.  CERTIFICATION OF SCREENING PROGRAMS.  Requires TDH or its
designee to establish certification criteria for implementing a program.
Sets forth certification criteria.  Authorizes TDH to certify a program
that meets and maintains the certification criteria.  Authorizes TDH to
renew the certification of a program on a periodic basis as established by
board rule in order to ensure quality services to newborns and families.
Prohibits a fee from being charged to certify or recertify a program.   

Sec. 47.005.  INFORMATION CONCERNING SCREENING RESULTS AND FOLLOWUP CARE.
Requires a birthing facility that operates a program to distribute to the
parents of each newborn who is screened educational materials that are
standardized by TDH regarding screening results and follow-up care.
Requires a birthing facility that operates a program to report screening
results to the parents, the physician or healthcare provider, and TDH.
Provides that appropriate and necessary care for the infant who needs
follow-up care should be directed and coordinated by the infant's physician
or health care provider, with support from appropriate ancillary services. 

Sec. 47.006.  TECHNICAL ASSISTANCE BY DEPARTMENT.  Authorizes TDH to
consult with a birthing facility and provide to the facility technical
assistance associated with the implementation of a certified program. 

Sec. 47.007.  INFORMATION MANAGEMENT, REPORTING, AND TRACKING SYSTEM. (a)
Requires TDH to provide each birthing facility that provides newborn
hearing screening under the state's medical assistance program provided
under Chapter 32, Human Resources Code, with the appropriate information
management, reporting, and tracking software for the program.  Provides
that the information management, reporting, and tracking system must by
capable of providing TDH with information and data necessary to plan,
monitor, and evaluate the program, including the program's screening,
follow-up, diagnostic, and intervention components. 

(b) Authorizes a qualified hearing screening provider, hospital,
audiologist, or intervention specialist to access the information
management, reporting, and tracking system to provide certain information,
where available, to TDH. 

(c) Requires TDH to ensure that the written consent of a parent is obtained
before any information individually identifying the newborn or infant is
released through the information management, reporting, and tracking
system. 

Sec. 47.008.  CONFIDENTIALITY AND GENERAL ACCESS TO DATA. (a) Provides that
the information management, reporting, and tracking system provided in
accordance with this chapter must meet confidentiality requirements in
accordance with required state and federal privacy guidelines.   

(b) Provides that data obtained through the system is for the confidential
use of TDH, its designee, and the persons or public or private entities
that TDH determines are necessary to carry out the functions of the
tracking system.  

(c) Requires TDH by rule to develop guidelines to protect the
confidentiality of patients in accordance with Section 5.08, Article 4495b,
V.T.C.S. (Medical Practice Act), and require the written consent of a
parent or guardian of a patient before any individually identifying
information is provided to TDH as set out in this chapter.  Requires TDH to
permit a parent or guardian at any time to withdraw information provided to
TDH under this chapter. 

Sec. 47.009.  IMMUNITY FROM LIABILITY.  Provides that certain persons and
entities are not criminally or civilly liable for furnishing information in
good faith to TDH or its designee as required by this chapter.  Provides
that this section does not apply to information gathered and furnished
after a parent of a newborn or infant declined screening offered  through a
program. 

SECTION 2.  Amends Section 36.004, Health and Safety Code, by adding
Subsection (i), as follows: 

(i) Provides that a hearing screening performed under this section is in
addition to any hearing screening test performed under Chapter 47. 

SECTION 3.  Amends Section 32.024, Human Resources Code, by adding
Subsection (v), as follows: 

(v) Requires the Health and Human Services Commission or an agency
operating part of the medical assistance program, as appropriate, by rule,
to provide a screening test for hearing loss in accordance with Chapter 47,
Health and Safety Code, and any necessary diagnostic follow-up care related
to the screening test to a child younger than 30 days old receiving medical
assistance. 

SECTION 4.  Amends Article 21.53F, Insurance Code, as added by Chapter 683,
Acts of the 75th Legislature, Regular Session, 1997, by amending Sections 3
and 4 and adding Sections 5 and 6, as follows:   

Sec. 3.  REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS.  Makes conforming
changes. 

Sec.  4.  REQUIRED BENEFITS FOR SCREENING TEST FOR HEARING IMPAIRMENT.  (a)
Requires a health benefit plan to provide coverage for each child described
by Section 5 of this article for a screening test for hearing loss, from
birth through the date the child is 30 days old, as provided under Chapter
47, Health and Safety Code, and necessary diagnostic follow-up care related
to the screening test from birth through the date the child is 24 months
old.   

(b) Authorizes the commissioner of insurance to adopt rules to implement
the requirement of this section. 

(c) Provides that this section applies to any health benefit plan that
provides coverage or benefits to a resident of this state, without regard
to whether the issuer of the plan is located within the state.  Provides
that this section does not require the issuer of a health benefit plan to
provide coverage under this section for the child of a resident of this
state who is employed outside of this state and is covered under a health
benefit plan maintained for the individual by the individual's employer as
an employment benefit. 

Sec.  5.  COVERED CHILDREN.  Creates from existing language in existing
Section 3(b). Entitles a child to benefits under this article if the child,
as a result of the child's relationship to an enrollee in the health
benefit plan, would be entitled to benefits under an accident and sickness
insurance policy under Subsection (K), (L), or (M), Section 2, Article
3.70-2, Insurance Code (Form of Policy).  Makes conforming changes. 

Sec.  6.  New title: APPLICATION OF DEDUCTIBLE, COPAYMENT, OR COINSURANCE
REQUIREMENT.  (a) Creates from language in existing Section 4. Prohibits
benefits required under Sections 3 from being made subject to a deductible,
copayment, or coinsurance requirement.  Provides, however, that this
subsection does not prohibit the application of a deductible, copayment, or
coinsurance requirement to another service provided at the same time as the
immunization or hearing screening.  Makes a conforming change. 

(b) Authorizes that benefits under Section 4 of this article be subject to
copayment and coinsurance requirements, but prohibits such benefits from
being subject to a deductible requirement or dollar limit.  Provides that
the requirements of this subsection must be stated in the coverage
document. 

 Sec. 7.  RULES.  Authorizes the commissioner of insurance to adopt rules
as necessary to implement this article.  

SECTION 5.  Amends the heading of Article 21.53F, Insurance Code, as added
by Chapter 683, Acts of the 75th Legislature, Regular Session, 1997, as
follows: 

Art.  21.53F. COVERAGE FOR CERTAIN BENEFITS FOR CHILDREN.  Deletes
"childhood immunizations" from existing title.  Adds "certain benefits for
children." 

SECTION 6.  Effective date: September 1, 1999.  Requires each birthing
facility that operates a program with at least 1,000 births in a year, not
later than May 1, 2000, to offer newborn hearing screening during the birth
admission as provided by Section 47.003, Health and Safety Code. Requires
each birthing facility that operates a program, not later than April 1,
2001, to offer the hearing screening during the birth admission as required
by Section 47.003. 

SECTION 7.  Requires the Texas Board of Health to adopt the rules required
by Section 47.004, Health and Safety Code, not later than December, 1,
1999. 

SECTION 8.  Requires the Health and Human Services Commission and each
appropriate health and human services agency that operates part of the
state medical assistance program under Chapter 32, Human Resources Code
(Medical Assistance Program), not later than January 1, 2000, to adopt
rules required by Section 32.024(v), Human Resources Code.  Requires the
commission, if before implementing Section 32.024(v) it determines that a
waiver or authorization from a federal agency is necessary for
implementation, to request the waiver or authorization and authorizes it to
delay implementing that provision until the waiver or authorization is
granted.  

SECTION 9.  Makes application of the change in law made by SECTION 4
prospective to a health benefit plan that is delivered, issued for
delivery, or renewed on or after January 1, 2000. 

SECTION 10.  Provides that this Act has no effect if no specific
appropriation for its implementation is provided in H.B. 1, the General
Appropriations Act. 

SECTION 11.  Emergency clause.